Judge refuses to order Pat's Towing reinstatement

WORCESTER — A federal judge refused to order the city to immediately reinstate a towing contract with Pat's Towing.

In a seven-page decision released today, U.S. District Court Judge Timothy S. Hillman denied the tow company's request for a preliminary injunction, filed as part of a September federal lawsuit alleging the city breached the towing contract and violated the constitutional rights of its owner, Patsy Santa Maria Sr.

Judge Hillman said Pat's has not demonstrated a likelihood of success, writing that "the City had ample justification for terminating the Contract under its terms."

The city terminated Pat's in September after Patsy Santa Maria Jr., on trial on assault charges, pleaded guilty. His father, Patsy Santa Maria Sr., was arrested during his son's trial for allegedly trying to bribe a witness.

The city's announcement that it was severing ties with Pat's included a recommendation from Police Chief Gary J. Gemme. He outlined numerous police responses to the business over the years. The city in 2010 had entered a five-year contract with Pat's for towing services in certain zones of the city.

Pat's Towing has until Dec. 30 to respond to the city's motion to dismiss the lawsuit.

City Solicitor David M. Moore said today the lawsuit will continue in court, but the judge's recent decision indicates the "city lawfully, and with good reason, terminated the Pat's Towing contracts." A call to the lawyer for Pat's Towing was not immediately returned.

Worcester police are also confirming an investigation involving a Pat's Towing driver earlier this month. A driver is accused of trying to hit two men with his tow truck, police reports show.

On Dec. 1, police were responding to an incident when two men flagged an officer down on Gold Street around 7 p.m. One of the men said a Pat's Towing driver just tried to run down him and a friend, police said.

The men told police their car was parked in a lot on Gold Street and a tow driver began to remove their car. The car's owner confronted the tow driver, saying he believed the vehicle shouldn't be towed. Police reports indicate there were no markings in the lot stating there was no parking or it was a tow zone.

The tow driver allegedly told the man it would cost $90 to get his car back. The man paid the cash, but the man noticed there was damage to one of his bumpers. At that point, the man told the tow driver he was going to call police for help, police said.

The tow driver allegedly jumped into his truck and drove it at the man and his friend, forcing them to dive out of the way, police said. A Worcester police spokesman confirmed detectives are investigating the alleged incident.

Alleged incidents of violent behavior by Pat's Towing employees are among the reasons Chief Gemme recommended termination of the contract. The city, Chief Gemme and Thomas F. Zidelis, the city's chief financial officer, are named as defendants in the suit.

Several criminal charges have been filed against members of the Santa Maria family stemming from an alleged attempt to bribe a witness in Mr. Santa Maria Jr.'s assault case. Patsy Santa Maria Jr., 42, and his girlfriend, Ashleigh M. vanGerven, 28, both of 15 Old Orchard Circle, Boylston have pleaded not guilty in Worcester Superior Court to charges of witness intimidation and conspiracy to intimidate a witness.

Authorities allege there was an attempt to pay a witness at Mr. Santa Maria Jr.'s trial up to $25,000 to testify Mr. Santa Maria Jr. was acting in self-defense when he assaulted another man in 2011 at Pat's Service Center and Towing on Shrewsbury Street. Mr. Santa Maria Jr. ended up pleading guilty before the trial ended.

A North Brookfield landscaper, Scott K. Johnson, was also indicted on witness intimidation and conspiracy charges in connection with the alleged bribery attempt. Mr. Santa Maria's 70-year-old father, Patsy Santa Maria Sr., is also a co-defendant in the case and has similar charges pending against him in Central District Court.

David Santa Maria, 44, is also awaiting trial on charges of aggravated assault and battery with a dangerous weapon and assault and battery causing serious bodily injury. The charges arose from the alleged 2011 assault at his father's place of business.

Pat's Towing called the termination of the contract unlawful and politically motivated in their federal lawsuit, which was filed under Metro Motor Sales Inc., doing business as Pat's Service Center of 5 Shrewsbury St.

The elder Mr. Santa Maria's lawyer, Robert S. Sinsheimer, claims the contact was terminated without due process and in a "totally arbitrary and capricious manner." The contract would have expired Dec. 31, 2015.